Today, the installation of computer program provisions of Canada’s Anti-Spam Legislation (CASL) will come into effect. Express consent will now be required to install a computer program on another person’s computer system (ie. desktop, laptop, smartphone, tablet) in the course of commercial activity. While the provisions are primarily designed to fight malicious programs such as viruses and malware, the sections are broad enough to capture the activities of legitimate businesses as well. As with the Commercial Electronic Messages (CEM) provisions of CASL, which came into force on July 1, 2014, the computer program provisions will be administered through a complaints based system with significant monetary penalties for non-compliance – up to $1,000,000 per infraction for individuals and up to $10,000,000 per infraction for corporations. Businesses will need to determine whether any of their activities are captured by the new computer program provisions and develop compliance procedures if necessary.
Emond Harnden will be providing a detailed update on these CASL provisions and how they may impact on your business in the near future. Stay tuned!
For further information, please contact Adam Gamwell at (613) 940-2736.